DVB Bank SE v Isim Amin Ltd & Anor

DVB Bank SE v Isim Amin Ltd & Anor

Service of process was valid under clause 38, and claimant is entitled to default judgment as no acknowledgments of service or defences were filed.

Parties
Claimant: DVB Bank SE; Defendant: ISIM AMIN LIMITED; Defendant: ANR
Jurisdiction
England and Wales
Judgment Date
09 May 2014
Procedural Posture
Commercial / Application for Default Judgment
Outcome
default judgment granted
Legal Topics
Service of Process, Default Judgment, Loan Agreement
Commercial Law Service of Process Default Judgment Loan Agreement

Case Brief

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Parties

DVB Bank SE

Claimant

ISIM AMIN LIMITED

Defendant

ANR

Defendant

Procedural Posture

Commercial / Application for Default Judgment

Legal Issues

  1. 1 Whether service of process was valid under clause 38 of the loan agreement despite the nominated agent being in liquidation
  2. 2 Whether claimant is entitled to default judgment

Ratio Decidendi

Service of process was valid under clause 38, and claimant is entitled to default judgment as no acknowledgments of service or defences were filed.

Court Disposition

default judgment granted

Orders

  • Claimant entitled to default judgment; terms of judgment to be determined.